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Thread ID: 35399 2003-07-11 05:44:00 Recovery Cd - PC Company - Time for a lawsuit? DMcKenzie (4203) Press F1
Post ID Timestamp Content User
158848 2003-07-11 09:18:00 Pretty bum deal, they should make the situation clear when sell a computer.
I think they rely on joe average not to know the pitfalls of OEM & recovery CD's
You would think they would be sick of this type of hassle with their customers by now, as it's not exactly the 1st time they've been raked over the coals in public forums for this practice.

I would borrow a copy from a mate & install it with your CD Key
You will have to have the correct ME build number as ME came out in several different builds & not all keys work with all builds (did that make sense?
I did one on a Hewlett Packard for a lady a couple of weeks ago, she had scratched her recovery CD & it was going to be 2 weeks for a replacement to arrive, so I installed my retail version with her key.
Biggest hassle was downloading the necessary drivers which are obviously supplied on the recovery CD's
Lets' face it who's going to know & who's going to care?
It's not exactly piracy as you did purchase the OS.
Maybe robo or one of his pals could get clarification from Microsoft NZ as this has come up several times before & post the response here.
Or ring/email Msoft yourself for an answer.
Stumped Badly (348)
158849 2003-07-11 09:26:00 >Why should this guy settle for sending his pc back to the company so they can flash it with an inferior bios consequently making his new hard drive stop working??

his optoins are.....

1. revert the hardware back to orginal or close enough to it for it to work.

2. buy new software.

> Isn't there a clause in there somewhere saying you sell them crap and you gotta give them a refund?? Its not working as it was advertised??

yes and no. his pc was working as advertised. it only stopped working after he upgraded it so he won't get a refund.

at the end of the day he has found he has got what he paid for. thats what you get for buying a supermarket pc.
tweak'e (174)
158850 2003-07-11 11:34:00 I have to disagree. They say that the recovery cd will restore the computer to the state it was in when it was built.

If it doesn't do exactly that, then its not performing as advertised.

The issue of upgrading it has nothing to do with it. Somone should be allowed to upgrade their PC and still be able to use the software that came with it. They paid for the software and its not a different computer, its the same one.

No-one should have to keep their PC the way it is when they bought it. Upgrading is part of computing and is essential. What type of computing is keeping the same old thing and not being able to upgrade?! That would mean having to purchase a completely a new pc to get better performance. Ultimately the most stupidest thing I've heard of all year.

The pc company should have thought all this through. How can anyone expect to upgrade their pcs without having this problem?

- Oh I get it. Its a scam! Disable them from upgrading, and make them buy a new OS if you add a new hard drive.
PoWa (203)
158851 2003-07-11 12:15:00 > They say that the recovery cd will restore the computer to the state it was in when it was built

correct. unforunatly the pc isn't in the state it was in when it was built.

> They paid for the software and its not a different computer, its the same one

they paid a very cheap price for the software and once the pc has been modified it IS a different pc. how many toyota owners have chevy engines and complain when a honda gearbox won't work properly exspecially after its all out of warranty.

> No-one should have to keep their PC the way it is when they bought it

a lot of people do keep them stock.

> The pc company should have thought all this through. How can anyone expect to upgrade their pcs without having this problem?

almost EVERY main pc manafacture does this and most geeks know not to buy one with a restore disk and to exspect to buy new software when they do any magor upgrades. pcCo is not doing anything new that no other company has done before and is still doing asfaik without being sued for it.

don't forget big brandname hardware manafactures do the same thing. i have several programs that will only run on my pc (which i built myself) as they are keyed to the companies hardware.

really.......whats the big fuss about this ?? its been done for years and is comman knowlage, its been mentioned in serveral "why buy supermarket pc" threads. you buy a supermarket pc, use it for a number of years, when it no longer meets your requirements you throw it out and buy a new one.
tweak'e (174)
158852 2003-07-11 12:36:00 Although I suspect that any action to argue the point that OEM products are less than what they represent themselves would be fruitless, you MAY have redress under the Consumer Guarantees Act 1993, IF the person you purchased the PC off lead you to believe that you could upgrade, reinstall the operating system, etc .



CONSUMER GUARANTEES ACT 1993
PART 4 - SUPPLY OF SERVICES .


Section 29: Guarantee as to fitness for particular purpose—

Subject to section 41 of this Act, where services are supplied to a consumer there is a guarantee that the service, and any product resulting from the service, will be—

(a)Reasonably fit for any particular purpose; and
(b)Of such a nature and quality that it can reasonably be expected to achieve any particular result,—

that the consumer makes known to the supplier, before or at the time of the making of the contract for the supply of the service, as the particular purpose for which the service is required or the result that the consumer desires to achieve, as the case may be, except where the circumstances show that—

(c)The consumer does not rely on the supplier's skill or judgment; or
(d)It is unreasonable for the consumer to rely on the supplier's skill or judgment .

Source:
NZ Legislation Statutes ( . legislation . govt . nz/browse_vw . asp?content-set=pal_statutes" target="_blank">www . legislation . govt . nz)

J .
:D
Jester (13)
158853 2003-07-11 13:19:00 Interesting that with XP OEM software, you are still entitled to do 5 "major" changes before another licence is required. Would not his set a precedent, in argueing a case, as to what MS expects? Pheonix (280)
158854 2003-07-11 14:49:00 Don't you love it when people break down your text and analyse the specific sentences? All it does is take it out of context from the paragraph it was written in. If I wanted to make specific statements I would go like this:

xxxxx x x xx xx xxxxxxxx xxxx xxxxxx.

xxxxxx xxxxxxxx xx x xxxxxxxxx xxxxx x xx xxx.

But if thats how you like to do it, then so be it.

> They say that the recovery cd will restore the computer to the state it was in when it was built
> > correct. unforunatly the pc isn't in the state it was in when it was built.

SOFTWARE wise. The cd should just install windows. Usually its pretty good at detecting new hardware.

> They paid for the software and its not a different computer, its the same one
> > they paid a very cheap price for the software

Exactly how cheap would have Millenium Edition been in 2001?? My guess would be over $100 included in the package. To find out a year later that the $100+ has gone down the drain is rip-off.

> > how many toyota owners have chevy engines and complain when a honda gearbox won't work properly exspecially after its all out of warranty.

Bad analogy. Upgrading a computer is completely different to upgrading a car. Computers change every minute of the day, and thus require constant upgrades for newer software. Hell, the city council doesn't change what the roads are made up of and require you to buy new tyres every month.

> No-one should have to keep their PC the way it is when they bought it
> > a lot of people do keep them stock.

Well what a waste of an investment. Why not spend a few dollars to upgrade it, rather than buy a new pc every time.

> The pc company should have thought all this through. How can anyone expect to upgrade their pcs without having this problem?
> > almost EVERY main pc manafacture does this and most geeks know not to buy one with a restore disk and to exspect to buy new software when they do any magor upgrades. pcCo is not doing anything new that no other company has done before and is still doing asfaik without being sued for it.

How can you become a computer geek? By actually owning a computer. Theres no way a first time buyer is aware of these recovery cds and how limited they are. Hell to make matters worse, PC World magazine blatantly puts in advertisements for PC company every month. People reading the magazine get duped into thinking they are a respectable company.

Where are the reviews for these companies? Why doesn't the magazine take a look at these issues? Sure there are always reviews for specific hardware and software. But when you see a company like PC.Company advertising the same things, you think its the same as everything else. Where as its not - you will be stuck with a piece of crap that you can't do anything with.

> > really.......whats the big fuss about this ?? its been done for years and is comman knowlage, its been mentioned in serveral "why buy supermarket pc" threads. you buy a supermarket pc, use it for a number of years, when it no longer meets your requirements you throw it out and buy a new one.

Well the fuss is, no one knows about supermarket pc's. First time I've evr heard of them reffered that way. Consumers are not warned about such things.

Tweak'e I'm wondering, why would you support this companies actions? Its daylight deception! Do you work for them or are affliated with them in some way?

// Jester how does that excerpt explain how you could get a refund or whatever? I'm not really understanding it - maybe its late ;)
PoWa (203)
158855 2003-07-11 20:27:00 At least the big outfits like HP make bios updates available on their websites to address such issues as larger Hard drives & XP operating systems,ETC.
Does The PC Company do this?


Cheers Steve
Steve Askew (119)
158856 2003-07-11 22:15:00 I'm struggling to see your logic here about your anger towards PC Co .

If I bought a V6 car . It went well but after a while I wanted to make it go faster by installing a bigger V8 engine . The engine mounts for the V6 would not fit the V8 so I throw them out and put in V8 engine mounts . Everything works fine but the fuel economy sucks so I want to go back to the V6 . I could not take it back to the car dealer and demand that they buy me new engine mounts for the V6 because I changed it . Seems simple to me .

I tend to agree with the letter provided by the PC Co although comments made by others that a warning should be made clear about flashing the bios does seem a reasonable ask albeit too late for you .
sam m (517)
158857 2003-07-11 22:57:00 Maybe you can find the correct bios file for your PC Company PC here (ftp://ho.thepccompany.co.nz/Drivers/Bios/)?

For obvious reasons use at your own risk.

Cheers Steve
Steve Askew (119)
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